Biogaran v. Laboratoires Negma, Laboratoire Medidom, cour d’appel de Paris, 31 January 2014, Docket № 12/05485, with thanks to Marta Mendes Moreira, Sophie Place and Céline Ruste, Véron & Associés, for providing the judgmen as well as a translation thereof and a summary in English
Claimant to pay €3,650,000 of damages for an interim injunction on a patent later found to be invalid and for abuse of proceedings
The decision handed down by the cour d’appel de Paris on 31 January 2014 is the first reported decision of a French court of appeal on the consequences of the enforcement of an interim injunction against an alleged infringer of a patent that is later found invalid.
It orders Laboratoires Negma, the exclusive licensee under EP 0 520 414 for France, a patent covering a pharmaceutical composition containing diacetylrhein (also known as diacerein, an active ingredient for an anti-arthritis drug), to pay damages to Biogaran, a French generic drug company.
Biogaran put on the French market a generic version of Laboratoires Negma’s drug on 23 January 2009 but was forced to withdraw its products as a result of an interim injunction granted on 10 March 2009 by the tribunal de grande instance de Strasbourg (before the November 2009 reform which gave exclusive jurisdiction to the Paris court in respect of patents for the whole of France).
However, on the merits, the tribunal de grande instance de Paris, the first-instance court, found the patent invalid on 31 March 2010 and, in accelerated proceedings, the court of appeal denied the appeal against the invalidity judgment on 30 June 2010.